The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter in the event that the insurance company refuses to provide you with the amount you require for your injuries. This will list all the economic losses you have suffered like medical bills and lost wages, as well as non-economic damages, such as pain and suffering.

Then the judge or jury will then make a decision. If they decide in your favor, you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Gathering evidence is among the first steps in the process of litigation, and it involves gathering documents such as photographs, witness testimony and official reports, such as police reports.

Photographs of the scene of the accident might help your attorney establish what actually happened in the accident, including the position of both vehicles after collision, skid marks, road debris and other evidence that is physical. Take down the names and contact information of any witnesses who saw what happened. It is important to have witnesses to verify the events that were actually happening, as it may often be the case that drivers offer contradictory statements that result in insurance companies denying or refusing the liability.

Other evidence forms your lawyer may use include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other evidence that demonstrates the extent of your injuries. You should get these documents as soon as is possible and be sure to give copies to your healthcare professionals.

A deposition is a different type of evidence your lawyer can use. It's an out-of court statement made under oath. It is then translated by a court reporter. The lawyer can utilize this testimony to prove that your injuries had a clear, identifiable connection to the accident. This helps to justify requesting compensation. Most of the evidence discussed above is available at the scene of the accident or soon after but some of it may not be available until later in the legal process. This is why it's important to contact a reputable car accident lawyer as soon as you can so that they can begin investigating when the evidence is in its purest form.

2. Making a Complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek expert legal advice. A car accident attorney can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is to file a complaint in the court, describing the specific claims that you are making and the amount you're seeking in damages. The document is usually written by an attorney, and filed in court. It is also given to the defendant.

This also begins the discovery phase that allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and requires both sides to review many documents, including police reports as well as witness statements, medical records, bills and more. Each side can ask for interrogatories, which are a series of questions which the other party must answer under oath by a predetermined date.

Throughout this process the lawyer will work with doctors to ensure that they have a complete understanding of the seriousness of your injuries and the impact they've had on your daily life. Your lawyer will estimate the total damages. This includes future and past medical expenses including lost wages, pain and suffering and more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver at the fault. This is more likely to occur after discovery and before the trial. If the insurance company refuses to negotiate a fair settlement or if you've suffered significant damage that is not covered by the insurance policy, your case could be referred to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and the negligent insurer of the driver exchange information that can support or damage your claim. Your attorney will ask for copies of documents that support your case, including medical bills, police reports as well as work loss records (e.g. an email from your employer indicating how much time you missed work due to the accident) photographs of your vehicle and any injuries or damages as well as other financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire about witnesses and other parties who are not present.

These documents are used to exchange information between attorneys on both sides. They provide the opposing party the opportunity to answer questions in writing, which need to be answered under oath, and to supply copies of certain documents or other information which could be beneficial to your case.

Your Long Island car Accident Attorney (Www.Gawonsilver.Com) will also depose witnesses as well as anyone who has information about your injuries or damages which could be essential to your case. During a deposition at-fault party's lawyer will ask you several questions, and your responses will be recorded on video, or transcribed by a court reporter.

These pretrial investigation processes are designed to assist your lawyer build a compelling case against the person who is at fault and their insurer in order to negotiate an equitable settlement for all your losses, injuries and losses, costs and expenses. Although there is no guarantee that all cases will settle, the majority do at the end of or following the discovery process, which can be completed before the case is brought to trial.

4. Trial

The majority of car accidents settle through negotiations outside of court If you and the insurance company aren't in agreement on the cause or how much compensation you are entitled to for your injuries, the case may go to trial. A trial is an official process in which both sides present arguments and evidence before an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will provide your version of the events in opening statements to the jury, and any supporting evidence that you have, like photos or video of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents such as medical bills and police reports. You may also offer your testimony regarding your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of evidence.

At trial, jurors must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will consider the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury is also required to decide how much compensation you should receive. It's also a complex matter because it is based on the severity of your injuries and the extent to which you've suffered. Your attorney will provide evidence including expert testimony about the severity of injuries that resulted in loss of income and earnings potential, as also your pain and suffering and Accident lawsuit impairment.

5. Settlement

Every state has a deadline within which you can resolve your claim or file an action. This is known as the statute of limitations. If your lawyer is unable to reach a settlement with the insurer, you could be required to start a lawsuit in the courtroom. This can be time consuming and expensive, but it is usually necessary to pursue compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a process formal where each side exchanges information with the other). Your lawyer will also make legal filings, also known as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout this process. Many car accident civil disputes are settled before a trial is necessary.

If they believe your injury claim is solid and you are willing to go to trial Insurance companies will offer a fair settlement offer. In addition the settlement process is faster and less risky than a trial.

Before settling on an agreement, it is crucial to fully comprehend the extent of your injuries. You must also have completed all medical treatments. You may not receive additional compensation if you accept a settlement until your doctor has confirmed that you have achieved the maximum level of improvement in your medical condition. Also, you should not sign a contract before you've spoken with your lawyer about the damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will review your medical records, and other documents, to ensure that you receive all the damages for which you qualify.